Section 230, the twenty-six words that created the internet, has become the twenty-six words that are breaking the First Amendment. Section 230’s blanket liability shield for social media platforms is harming our children and our democracy. In this essay, I narrate the story of what Section 230 enabled—the rise of the virtual public square, a circumstance that the framers could never have imagined—and explore its consequences for human well-being and freedom of expression. I conclude that Section 230 must be repealed to unleash First Amendment jurisprudence to confront the threats to the republic in the age of generative AI, as well as to usher in the next round of internet innovation in service of constitutional democratic sustainability. Bipartisan legislation has been introduced to sunset Section 230 as of December 31, 2025. Those who believe in the enduring promise of American constitutional democracy should support its passage.

Intentional injuries claimed nearly two hundred lives every day in the United States in 2020, about two-thirds of them suicides, each a story of irretrievable human loss. This essay addresses the complex intersection of injurious behavior with mental illness and access to firearms. It explores what more can be done to stop gun violence while respecting the rights of lawful gun owners, preserving the dignity of persons with mental illnesses, and promoting racial equity. Strategies to prevent firearm injury in the United States are uniquely conditioned by a constitutional right to bear arms, the cultural entrenchment and prevalence of private gun ownership, and strident political disagreement on regulatory solutions to stem gun violence. Broad implementation of a range of complementary policies is needed, including community-based programs to address the social and developmental determinants of violence, improved access to a continuum of mental health services, firearm restrictions based on behavioral indicators of risk (not mental illness, per se), licensing for firearm purchase or ownership, comprehensive background checks for firearm purchase, and supply-side approaches to interrupt illegal firearm markets.

Although American society will not become race-blind anytime soon, the meaning of race is changing, and processes of racial formation now are quite different than those prevailing just two generations ago. Massey puts the present moment in historical perspective by reviewing progress toward racial equality through successive historical epochs, from the colonial era to the age of Obama. He ends by exploring the contours of racial formation in the United States today, outlining a program for a new civil rights movement in the twenty-first century.